Brilliant Industries Limited, (Vaccines Division), Patancheruvu v. Transmission Corporation of A. P. Limited, Hyderabad
2002-01-02
A.R.LAKSHMANAN, V.V.S.RAO
body2002
DigiLaw.ai
AR. LAKSHMANAN, C. J. ( 1 ) THE writ petitioner is the appellant in this appeal. The appeal is directed against the order dt. 7-12-2001 passed in W. RNo. 24939 of 2001 directing the appellant/petitioner to assail the subject-matter of dispute before the Regulatory Authority under Indian electricity Act. The Writ Petition was thus disposed of in view of the availability of alternative remedy. ( 2 ) ON 1-3-2001 the Assistant Divisional Engineer (Operation), Central Power distribution Corporation of A. P. Limited, (A. P. TRANSCO), Sangareddy, after inspection of the premises in question assessed the energy consumption during the period of default in the meter and as per condition No. 22. 3. 3. 3 of terms and conditions of supply the appellant was issued notice and requested to make his representation, if any, about the billing of amount of Rs. 1,02,550/- for the period from september 2000 to 23-2-2001 to the divisional Engineer (Operation), sangareddy within fifteen days from the said notice. At the time of inspection, the following observations were made: the existing meter is tested with accucheck meter. The percentage of error is (-) 030. 80%. When tested with 2 kw Heater, the meter disc is not rotating in respondent phase. ( 3 ) ACCORDING to the appellant, he submitted a written reply on 5-3-2001 to the divisional Engineer/assistant Divisional engineer (Operation), A. P. TRANSCO, sangareddy. However, the Divisional engineer, Electrical and Operation, sangareddy passed order on 5-7-2001 holding that the meter of the appellant is in error of (-) 30. 80% and that a study of the appellant s energy consumption for the previous and present months revealed that in one month consumption is high and in other month consumption is low, and after replacement with new meter, the consumption is high. It is therefore observed that the meter is defective. The appellant was called upon to pay the assessed final amount of Rs. 1,02,550/- failing which supply to SC. No. 381 at Pashamailaram will be disconnected without further notice and necessary steps will be taken to realise the amount due to the Board. It is also mentioned that if the appellant is aggrieved by the order, he may appeal to the superintending Engineer, Operation, Medak circle at Sangareddy, within fifteen days from the receipt of the order duly paying 100% assessed back bills amount without fail.
It is also mentioned that if the appellant is aggrieved by the order, he may appeal to the superintending Engineer, Operation, Medak circle at Sangareddy, within fifteen days from the receipt of the order duly paying 100% assessed back bills amount without fail. According to the appellant, the said order was passed without even looking into the reply submitted by the appellant on 5-3-2001. Therefore, the order is bad in law. The learned Judge, as already noticed, disposed of the writ petition observing that the Special Court constituted under the Act has the jurisdiction to decide any dispute relating to correctness or otherwise of any matter (sic. meter ). ( 4 ) SUB-SECTION (6) Section 26 of the Act reads as follows. Where any difference or dispute arises as to whether any meter referred to in sub-section (1) is or is not correct, the matter shall be decided, upon the application of either party, by an electrical Inspector; and where the meter has, in the opinion of such inspector ceased to be correct, such inspector shall estimate the amount of the energy supplied to the consumer or the electrical quantity contained in the supply, during such time, not exceeding six months, as the meter shall not, in the opinion of such inspector, have been correct; but save as aforesaid, the register of the meter shall, in the absence of fraud, be conclusive proof of such amount or quantity: provided that before either a licensee or a consumer applies to the Electrical inspector under this sub-section, he shall give to the other party not less than seven days notice of his intention so to do. ( 5 ) THE above sub-section (6) of Section 26 states that if any difference or dispute arises between the consumer and the Board the matter shall be decided upon the application of either party, by an Electrical Inspector and where the meter has, in the opinion of such inspector ceased to be correct, such inspector, shall estimate the amount of the energy supplied to the consumer or the electrical quantity contained in the supply, during such time, not exceeding six months, as the meter shall not, in the opinion of such inspector, have been correct. At the time of hearing, our attention was drawn to an amendment to the above sub-section (6) of section 26 of the Act which reads as follows. 49-1.
At the time of hearing, our attention was drawn to an amendment to the above sub-section (6) of section 26 of the Act which reads as follows. 49-1. Disputes in relation to Meters:- notwithstanding anything contained in sub-section (6) of Section 26 and the schedule of this Act or any judgment or order of any Court, a Special Tribunal and a Special Court constituted under this Act shall have jurisdiction to decide any dispute relating to correctness or otherwise of any meter. ( 6 ) THUS, it is seen that Special Tribunal and Special Court is constituted under the indian Electricity (A. P. Amendment) Act 2000 and that the said Tribunal or Cour shall have jurisdiction to decide any dispute relating to correctness or otherwise of any matter (sic. meter ). This amendment was brought into force with effect from 31st July, 2000. Since the amendment has come into force much prior to the passing of the impugned order, the amended Section will alone govern the whole issue. ( 7 ) WE, therefore, affirm the judgment of the learned Single Judge and direct the appellant herein to approach the Special court under Section 49-I of the Indian electricity (A. P. Amendment) Act, 2000. The appellant shall approach the Special Court within two weeks from to-day. On receipt of the representation from the appellant/ petitioner the Special Court constituted under the provisions of the amended Act shall decide the dispute relating to correctness or otherwise of the meter in question after affording an opportunity to both the parties. Till then, the impugned order demanding a sum of Rs. 1,02,550/- shall not be given effect to. ( 8 ) WITH the above directions the Writ Appeal is dismissed.